Mr.
Zhang has the corresponding qualifications, Company A contracted the company’s workshop construction project to him.
Where a service relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear the liability for infringement.
If the ordering party has handed over the project to be constructed by the contractor with knowledge of the need for production qualification, and has not reviewed the relevant qualifications of the contractor, resulting in personal damage caused by the personnel employed by the contractor in the process of completing the work, the ordering party shall be deemed to have fault in selection and shall bear the corresponding liability for compensation.
Zhang is the contractor of the project, and Mr.
There was a fault in the selection, and Party A had a certain fault in the occurrence of the accident, and should bear the corresponding liability for compensation.
When the accident occurred, Peng did not wear a safety rope and helmet.
During the construction, the purlin between the welding beam and the beam fell, and Peng who was carrying out welding operations on the scaffold was hit, causing Peng to fall from the scaffold to the ground and get injured.
The judge interprets Zheng Ruiqi’s fault of the judge of Yangli Court post of Laiwu District People’s Court, including three cases: fault of determination, fault of instruction and fault of selection.
As the orderer, Party A selected Mr.
During the provision of labor services, if the party providing labor services suffers damage due to the act of a third party, the party providing labor services has the right to request the third party to bear the liability for infringement, and also has the right to request the party receiving labor services to compensate.
As an employer, Zhang Mou should carry out safety management and supervision on the site and require employees to wear safety protection measures before construction.
Peng was sent to the hospital for treatment after being injured, and his injury was assessed as Grade I disability by judicial appraisal.
Article 1193 Where the contractor causes damage to a third party or to itself in the course of completing the work, the hirer shall not be liable for infringement.
After the party receiving the labor service has assumed the liability for infringement, it may claim compensation from the party providing the labor service who has intentional or gross negligence.
Peng, as a professional welder, still works without knowing that he has not worn safety protection measures and there are potential safety hazards.
If there is any fault, he should also bear corresponding responsibility for his own behavior.
If the contractor is elected with knowledge that the contractor has no qualification.
Zhang and Company A failed to negotiate with each other on compensation for many times, so they filed a lawsuit to the court.
Peng is the labor provider hired by Mr.
If the party providing the labor service suffers damage due to the labor service, it shall bear corresponding responsibilities according to the respective fault of both parties.
He has faults and should bear corresponding responsibilities for his actions.
Zhang.
Peng, Mr.
Basic case: Without checking whether Mr.
Considering the above three parties’ faults, it is determined that Peng will bear 20% of the losses, Zhang will bear 60% of the compensation liability, and Company A will bear 20% of the compensation liability.
The division of the court’s judgment responsibility is the focus of the case.
Peng to carry out the erection and welding of the above project.
Zhang to carry out the construction without reviewing whether he has the construction qualification.
Article 192 of the Civil Code of the People’s Republic of China by express delivery Article 1192.
Source: Jinan Laiwu District People’s Court [Disclaimer]: This official account
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Mr.
After the party receiving the service has made compensation, it may claim compensation from a third party.
In this case, Company A is the orderer of the workshop construction project, Mr.
Zhang employed workers including Mr.
The so-called fault of selection and appointment is that the designated person has obvious fault in the selection of the contractor.
However, if the ordering party is at fault with the ordering, instruction or selection, it shall bear corresponding responsibilities.
Peng and Zhang are in employment relationship, and Zhang and Company A are in contract relationship.
